Monday, February 13, 2012

The battle of 1919 Charles Schenck vs. Supreme Court

      People say this country is great due to the 1st Amendment saying that we have the right to say to what we want to say, ever since this country was created. WRONG! During World War I, in order to make sure that going to war was the right thing to do and to get rid of consent that would be bad for the government due believing that the public be unionized (history book page 615) and not look like idiots. The Espionage Act of 1917 allowed the government to arrest people who "sabotaged or spying against the government". All from the history book.

    When things could not have gotten any worse for the government taking over the media and lives due to people talking bad about it I found about the Sedition Act of 1918, it allows anyone to be arrested for the sake of the Great War to be a positive support. All the while it was thanks to this sad little act that Charles Schenk was arrested under the Sedition Act and the Espionage Act.

     Charles Schenk a member of the Socialist Party, was arrested for the printing of documents that have "messed with drafting of new recruits for the war" The Socialists were saying that this forced recruitment is similar to breaking the 13th amendment, they were making them do things like slaves. It was then at that time that  the government would finally arrest Charles Schenk for just "just printing the leaflets" out for only 125 dollars.
 
Charles Schenk was sentenced to court then he was found guilty for not persuading a recruit but the leaflets. He then appealed to federal court, then to Supreme Court. the similarities between all of the courts was that he started talking about the first amendment and free speech. Sadly like all the other times he had gone to court, he was accused guilty and justice smited him. It was 0-9, all of the member agreed he was guilty.

After that all the members agreed he was guilty, it was only then that one of the supreme court members Justice Holmes at first wanted Schenk to be guilty of his "crimes". Justice Holmes actually felt regret towards what he had just done towards Schenk. Sadly even though he did nothing wrong the Government made a "example" out of him.

    Schenk's punishment could have been worse but it was pretty bad. For every time he went to court he had to serve time for a total of ten years. The math is three cases meaning, three times ten equals thirty years. The only problem is he served all three cases at the same time, meaning just ten years. Tens years of his life was wasted all for printing sheets.

picture of Charles Schenk                        Picture of Holmes 


Picture of Sedition Act 




















                                                    Picture of Supreme Court 1919

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